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Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity. Evidence Act, 1872 — Section 35 — Relevancy of entries in public records — Entries made by public servants in discharge of official duty or by other persons in performance of a duty enjoined by law are relevant facts. — Family Register maintained under the U.P. Panchayat Raj Act, 1947, and Voters’ List are considered public records and public documents. — School records from a private, though government-recognized, school are not public documents, and the headmaster is not a public servant for the purposes of Section 35. Industrial Disputes Act, 1947 — Section 12(3) — Memorandum of Settlement — Binding nature — Clause 14 of 1979 settlement providing alternate employment for colour blind drivers held valid and enforceable despite subsequent 1986 settlement and policy circulars — 1986 settlement did not expressly supersede 1979 settlement and was general in nature, while 1979 settlement was specific to colour blindness and did not contain a termination clause, thus operating harmoniously. Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly. Criminal proceedings can be quashed if a civil dispute is disguised as a criminal offense, indicating an abuse of process. Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 471 — Cheating, Forgery, Using Forged Document — Abuse of process of law — Civil dispute disguised as criminal offence — Complaint filed after significant delay following dismissal of objections and failure to pursue civil remedies — Allegations of fabrication of will and circumvention of sale deed not prima facie made out — Continuation of proceedings would be an abuse of process and not serve ends of justice — High Court erred in refusing to quash — Order set aside and proceedings quashed.

Motor Vehicles Act, 1988, S.166—Accident—License—Photocopy of license was marked as exhibit-Once the license was proved by the driver and marked in evidence and without there being any objection by the Insurance Company, the Insurance company had no right to raise any objections about the admissibility and manner of proving the license at a later stage.

2016(5) Law Herald (P&H) 3988 (SC) : 2018 LawHerald.Org 1897 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chalameswar  The Hon’ble Mr, Justice Abhay Manohar Sapre…

Indian Penal Code, 1860, S.302–Murder–Fixed period of sentence-High court is empowered to impose a fixed term sentence—Contention that when IPC provides for only two punishments i.e. imprisonments for life or death, the court cannot introduce a third category of punishment, rejected

2016(5) Law Herald (P&H) 3885 (SC) : 2016 LawHerald.Org 1920 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice C. Nagappan Criminal…

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